Marriage is both a (1) and a (2), creating a (3), so (4) have an interest in regulating it.
- religious rite
- civil contract
- legal “status”
Ecclesiastical law in England recognized (1) marriages in which a man lived with a woman, but the Matrimonial Causes Act called for (2) for more formality. The colonies, with limited access to officials, reverted to (3), but these were soon subject to (4). Almost all states have now (5) common law marriage.
- common law marriages
- ceremonial marriages
- common law marriages
- statutory requirements
4 statutory requirements of marriage, generally
- no close degrees of kinship
- no bigamy
- 18+ and competent (understand consequences)
- 16 with parental consent (in most states)
4 basic steps in procedural laws of marriage
- Apply for license (judge, clerk, magistrate)
- Sign affidavit that unmarried, unrelated, understand consequences
- requires civil official, priest, minister or rabbi to perform
- officiating party endorses license and it becomes public record
The original idea of marriage, the (1), began to be done away with after women gained the right to (2) and (3) began to be passed. Where once the husband was in charge of providing, marriage is now a (4) that imposes (5)
- unity concept of marriage (couple is one person, man has control over woman’s property)
- emancipation acts
- contractual status
- mutual obligations
8 examples of benefits to marriage couples
- joint income tax returns
- benefits to surviving spouses (federal estate, gift taxes)
- social security benefits
- pension benefits
- loss of consortium
- worker’s comp death benefits
- privilege from testifying
There has been a push to provide benefits for people in a (1), such as same-sex or elderly couples.
- domestic partnership
After one of the first rulings on same-sex marriage was made, some worried other states would be forced into licensing these marriages under the (1) Clause. But (2), passed by Congress, ensured they did not have to. One way states have allowed the same benefits of marriage to same-sex couples is through (3). The first state to allow same-sex marriage was (4)
- Full Faith and Credit
- Defense of Marriage Act
- civil unions
Many arguments against same-sex marriage are (1), but in recent years many have come to perceive denial of gay marriage as (2). When the issue “comes” before the Supreme Court, it “will” likely by a challenge to the constitutionality of (3).
- invidious discrimination
The changes in how marriage property is perceived has led to an increase in (1). These stipulate property rights of each spouse (2), (3) or (4). These are common where assets are (5).
- prenuptial agreements
- during marriage
- upon death
- in the event of divorce
If prenups are challenged, courts will often look at whether a (1) was made (2); otherwise it might be seen that the arrangement was made in (3).
- full disclosure
- well in advance
(1) are sometimes used when parties did not anticipate the need for a prenup. Courts scrutinize whether it was (2) and not signed under (3). (4) and (5) bolster the court’s acceptance of these.
- post-nuptial agreements
- threat of divorce
- full disclosure
- independent legal counsel
(1) and (2) both have the objective of dissolution of marriage, but the latter does not remove (3) of the marriage.
An annulment is a (1) that (2). It is granted only on (3) of a party who was unaware of an (4) to valid marriage. For the Catholic church, (5) allow a person whose marriage was annulled to remarry, though the church’s annulment has no bearing on (6).
- judicial decree
- no valid marriage existed
- civil court
Sometimes before seeking divorce, couples will opt for an informal or formal (1) in which they live apart. Sometimes this includes (2) and (3) that becomes final judgment for (4). These should be done under (5)
- legal separation
- settlement of property
- custody rights
(1) allows alimony without dissolution of marriage for a spouse living separately. These usually relate to a (2) or (3).
- Separate mainenance
- “cooling-off period”
- religious scruples against divorce
A common law ecclesiastical courts could grant (1) or (2)–separate living plus alimony–with demonstration of the husband’s (3). The Colonies vested divorce in (4).
- divorce a mensa et thoro (divorce from bed and board)
- chancery court
Historically divorce could only be granted in the state of (1); now it can be applied for (2) and people aim for states with more (3), such as Florida. Alimony, support and custody rights, however, may still harken from the (4).
- matrimonial domicile
- “in good faith”
- liberal requirements
- domicile state
Historically divorce would only be granted when a spouse alleged and proved a (1) for divorce, like extreme cruelty or adultery. Defenses against divorce allegations were (2), (3) or (4). After hearing ground, the court would enter a divorce in favor of the party (5).
- statutory ground
- condonation (spouse condoned actions)
- recrimination (spouse is just as guilty)
- countersuit for divorce
- not at fault
The fault concept has a bearing on (1) and (2). Alimony and support money were based on (3) and (4). The fault concept often led to damaging (5).
- visitation rights
- husband’s ability to pay
Ugliness of the fault concept led to the concept of (1), and most states have adopted this or at least a way to dissolve a marriage that is (2). In the case of the respondent denying the latter, the court may order (3) or may (4), or may simply (5).
- no-fault dissolution of marriage
- irretrievably broken
- postpone determination
- take testimonies
(1) in grounds for dissolution are rare under no-fault, and usually focus on issues like (2) and (3). (4) may also come into play in the proceedings.
- child custody
- restraining orders
(1) in dissolution must be established for jurisdiction. The petitioner must serve the spouse with (2) and a copy of the (3) reciting (4) for dissolution and (5) in other areas.
- residence requirements
- legal process
- statutory grounds
- demands for relief
Today parties often come to agreements on (1), (2) and (3) an request to court to accept the agreement. The court usually grants this if it is (4).
- child support
- fair and reasonable
Until 1979 alimony was seen, as it was in common law, as the (1). This was seen as a violation of Equal Protection and thereafter, alimony statutes are applied on a (2). The (3) sets out standards for awarding “maintenance,” or alimony.
- husband’s obligation
- sex-neutral basis
- Uniform Marriage and Divorce Act
6 factors considered when awarding maintenance, under UMDA
- financial resources of party seeking maintenance and live-in child’s needs
- time necessary for party to become employed
- standard of living established during marriage
- duration of marriage
- age, physical and emotional condition of spouse seeking maintenance
- ability of payer to meet own needs while maintaining payee
A lighter form of alimony is (1), but (2) will still be awarded for an older spouse who has no marketable talents. Other alternatives to maintenance are (3) or (4). Where income is disproportionate, one party may request (5) as well.
- rehabilitative alimony
- permanent alimony
- lump-sum awards (such as interest in the house)
- use of the house until the child reaches legal majority
- attorney’s fees
Parties wishing to avoid judicial distribution of marital assets will enter into (1) that are based on (2). One advantage is that the award is (3). One disadvantage is that they are not as easy to (4).
- property settlement agreements
- not subject to federal income tax
- modify (such as if needs of payer change)
4 ways to attempt to equally distribute divorce assets
- special equity (real and personal property–person has special interest based on contribution)
- lump sum alimony (to supplement distributive share of assets)
- community property (property belongs equally unless acquired before marriage)
- equitable distribution (decide which is marital and pre-marital, divide and distribute)
Common law granted custody of (1) to their mothers, and to do otherwise, the father would have to prove she was (2). The new rule became the (3). A modern approach has applied the (4) to say custody should be granted on a gender-neutral basis.
- children of “tender years”
- best interests of the child test
- Equal Protection Clause (14th Am)
5 main criteria for placing the child with a certain parent under the best interests test
- parent more likely to allow the child contact with the other parent
- physical/mental/moral fitness of parents
- emotional ties between child and parents
- permanence of proposed custodial home
- ability of parent to provide necessities
6 alternative reasons that may factor into awarding custody
- preference of older children
- community affiliations of child (eg school)
- religious preferences (less these days)
- adultery (sometimes)
- keep children together
Generally one parent is granted (1) and the other (2), and sometimes the court has to define (3)
- visitation rights
- visitation schedules
A modern idea of custody is (1) which branches from (2). One parent maintains the (3) but both parents retain rights and responsibilities, including conferring on major decisions.
- shared parental responsibility
- joint custody
- primary physical residence
A (1) has come, in the later part of the century to have (2) to his illegitimate child where he contributes to the (3) and such a right would not be (4) to the child.
- putative father
- reasonable access (visitation, etc)
- child’s support
(1) and (2) are subject to modification pending proof of substantial change in circumstance.
- custody rights
2. support orders
A modern adoption in custody issues is (1). Some courts have ruled that such rights violate (2). This is weighed against (3).
- grandparent’s visitation rights
- parents’ right of privacy
- best interests of the child
The (1) was proposed and adopted in all fifty states to help with issues of interstate disputes concerning child custody. This helps avoid (2) and help ensure a the custody decree is rendered in the state in the (3) and where the child and family have the (4). The Act also seeks to avoid practices of (5) and (6).
- Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
- jurisdictional competition
- best position to make a decision
- closest connection
- child snatching
Sort of in addition to the UCCJEA, Congress enacted the (1) to prevent incentives of interstate abduction.
- Parental Kidnapping Prevention Act
Modern ideas are that child support is an (1) obligation, but obligations might be made disproportionate by courts due to (2). These rules apply to (3) and (4) as well.
- equal (mother and father)
- illegitimate children (which have a right of support of father–subject sometimes to paternity tests)
- adopted children
4 factors that generally relieve parents of support obligation
- entry into armed forces
Sometimes child support agreements can be made in (1); otherwise the court examines the (2), (3) and (4) of parents to make a determination. Often the ruling requires payments to be made through a (5), such as a court clerk, so (6) can be maintained. Court orders for child support are subject to (7).
- sources of income
- central agency
3 attempted solutions to a parent failing to pay child support
- contempt of court
- garnishments of wages
- criminal sanctions
The (1) has been adopted by most states to collect from parents failing to pay child support and moving out of state. It requires states to enforce support obligations of other states–this is called (2). The modern Act is the (3) and has been adopted by all fifty states.
- Uniform Reciprocal Enforcement of Support Act (RURESA)
- reciprocal enforcement of support obligations
- Uniform Interstate Family Support Act (UIFSA)
The federal government provides a (1) to track down parents who default on child support. The (2) also makes default a federal offense if it meets certain standards.
- locator service
2. Child Support Recovery Act
4 standards of making child support default a federal crime under CSRA
- willfully fails to pay (has means and doesn’t pay, or doesn’t try to come by means)
- resides in another state
- unpaid longer than a year
- greater than $5,000
There is a presumption of (1) and a husband contesting paternity must raise the issue (2), not (3).
- during marriage
3 principles that apply to presumption of legitimacy in marriage
- child born in wedlock is presumed legitimate
- child born during marriage is legit, even if conceived before marriage
- child born gestational period after death of husband is presumed legitimate
Unlike at common law, a father who acknowledges paternity (even of an illegit child) has (1). To compel this, (2) are available in all states, the modern approach of which is (3). Defenses include (4), (5), (6) and (7).
- responsibility of support
- paternity tests
- DNA analysis
- reliability of tests
- lack of access to mom
The (1) provides for equal support of legitimate and illegitimate children, and (2) can bring suit in the mother’s name.
- 14th Amendment
2. government agencies
From a legal standpoint, adoption is the process of substituting (1) for (2). Statutes vary widely as to the (3), the (4) and the (5).
- adoptive parents
- biological parents
- eligibility of adoptive parents
- rights of the adoptee
- procedures for effecting adoption
3 general categories of adoptions of children
- stepparent adoption (single mother gets married)
- agency adoption (arranged by agency)
- private placement adoption (usually arranged by physician and lawyer)
Generally adopting parents must (1), must (2) to adopt, and the adoption must be in the (3) of the child. The rights of the biological parent must be terminated either by (4) or (5).
- be married
- jointly agree
- best interests
- judicial decree
Often statutes require (1) to interview parents about their (2).
- social services agency
Legalities of adoption are formalized by a (1). The judge (2) and the parents (3). Contests usually involve (4) or (5) of the biological parents–both the mother and an unwed father.
- judicial hearing
- reviews documents
- agree to responsibilities
- termination of rights
3 modern challenges being made to tradition rules of adoption
- adoption by “compatible” (racially, religiously) parents
- adoption by gay couples
- adoption by single parents
2 ways parental rights can be terminated
- terminate own rights (consent to adopt out)
2. terminate another parent’s rights (state social agencies investigate abuse /neglect claims, leads to foster care)
A (1) acts on behalf of a (2) because of the latter’s minority or incapacity. Also called a (3), this person can act as guardian of (4) or (5) or both.
- legal guardian
Parents are the (1), but a guardian is still needed if (2) or if (3) or if (4).
- natural guardians
- neither parents is alive
- child’s assets exceed state allowances
An adult may require a guardian if he is incapable of handling his own (1), (2) or (3). This incapacitation is determined by the (4). A guardian must oversee affairs and file an (5) of the person’s well-being. Sometimes the guardian must (6) before taking charge of a ward’s assets.
- personal/medical decision
- annual report
- post a bond
An incapacitated person may not need a guardian if while still competent he executed a (1) and an (2).
- durable power of attorney
2. advance directive for medical decisions
Abortion rights have bee protected under a woman’s (1) and under the premise that a fetus was not a (2) and thus not entitled to (3).
- right of privacy
- 14th amendment rights
Originally abortion rights were separated by (1); now it has only to do with whether the baby is (2) or not.
2. viable (state may outlaw abortion beyond viability)
Under privacy, the right of married couples to (1) has also been upheld.
4 examples of laws related to “undue burden” on mothers seeking abortions
- notify spouse (struck down)
- mandated mental health screenings of mother (struck down)
- tell mother about increased risk of suicide (struck down)
- tell mother she is killing a living human being (upheld)
(1) is another option to infertile couples who desire a child. The mother agrees to (2) and (3) or (4) are implanted in her womb.
- surrogate motherhood
- waive parental rights
- fertilized egg
A New Jersey case involving (1) in which a woman had been impregnated with the husband’s sperm found the surrogacy contract (2) when the mother decided to keep the baby, because (3) was being associated with (4).
- traditional surrogacy
(1), by contrast, involves implanting a (2), or fertilized egg, into the womb. Because the surrogate is not the natural mother, she has been ruled to have no (3) and a contract regarding this type of surrogacy is (4). A case in which a couple implanted a non-related egg and then separated upheld the pair as parents because they (5). This same idea applies to declaration of fatherhood even when the wife is (6)
- gestational surrogacy
- parental rights
- enforceable (not illegal)
- initiated the pregnancy
- artificially inseminated
3 ways a competent adult can make advance directives regarding his medical care
- living will
2 durable power of attorney
- appointment of surrogates
3 ways medical decisions can be made on one’s behalf (surrogates)
- physicians/hospitals in absence of parents
There is a movement in legislative bodies and courts to remove the issue of (1) from courts and permit withdrawal or withholding of (2) for (3) at the direction of a (4) based on competent medical advice.
- extraordinary life-sustaining measures
- life-sustaining treatment
- terminally ill patients
Today courts generally accept a patient’s right to order removal of (1) based on a (2), and to allow surrogates to assert this right for minors and exercise (3) to discontinue life support. (4) comes in only if there is a difference of opinion between key players.
- life support systems
- right of privacy
- substituted judgment
- judicial approval
A durable power of attorney becomes effective if the principal lacks (1). A living will becomes operative if the signer is (2) or lapses into a (3).
- capacity to make health-care decisions
- incompetent and terminal
- permanently unconscious state
Even the right of a terminally ill person to refuse (1) has been upheld, though courts differ on this. Adults may (2) based on religious grounds but may not do so on behalf of their (3).
- food and water
- refuse treatment
- children (blood transfusions, etc.)
Lecture:The family is the (1) of society, but the standard of what (2) it is changing. Agrarian societies consisted of large, isolated families joined by (3). Industrial society was marked by the need for (4). In the 70s, (5) was born, to which “irretrievably broken” was the key.
- basic unit
- constitutes it
- common law marriage
- grounds for divorce
- No-fault divorce
Lecture: A marriage is a (1) created by a (2), It is handled by (3).
- civil contract
- state courts
Lecture: 5 standards of marriage set forth by AZ statutes
- unmarried at the time
- of opposite sex
- sufficient mental capacity
- of marriageable age
- not closely related
Lecture: You must have a (1) to get married in Arizona. It expires within (2). The marriage must be performed by an (3) and there must be at least (4).
- marriage license
- one year
- authorized person (minister, MC judge, etc.
- witnesses 18+
Lecture: Common law marriage is marriage by (1). 9 states recognize it. There is no (2) for living together and it is based on the (3). It requires (4) as well. (5) exists for social stability.
- time limit
- community’s assessment
- actual divorce
- presumption of marriage
Lecture: It is a (1) to abandon one’s spouse. A m
- class 1 misdemeanor
Lecture: A marriage can be (1), (2) or (3). Annulment grounds deal with (4) but require doing something affirmative.
- void contracts (drunk, underage)
Lecture: Legal separations take care of (1) but mean the couple is still (2).
- finances, etc.
Lecture: Filing a complaint for dissolution is all (1). States require (2) for a certain period before divorce (3).
- under their laws
Lecture: When granting a divorce, the court must have (1) and the other party must be (2). Divorce can occur (3) after that. The respondent can ask for (4) and that court will hear whatever is not settled. If the court does not have (5) as well, it cannot divide property.
- in personam jurisdiction
- 60 days
- in rem
Lecture: (1) is rare in modern times because it is taxable, whereas (2) is not. Joint custody does not necessarily mean (3) but regards decisions in (4).
- child support
Lecture: A child born in wedlock is (1), and the husband is presumed the father if he (2). Paternity must be rebutted (3) dissolution of marriage.
- presumed legitimate
- has access to his wife
Lecture: Arizona is a (1), meaning that at divorce each person gets 1/2 the property. This excludes property obtained (2) marriage and (3) or (4).
- community property state
- prior to
Lecture: 3 types of adoption
- private-placement (mother and doctor)
Lecture: The two cases regarding reproductive rights are (1) and (2). The big surrogate case was the (3).
- Doe v. Bolton (mother’s health)
2 . Roe v. Wade (right of privacy)
- Baby M Case (dad’s sperm, surrogate’s egg, surrogate wanted to keep)